United States Ninth Circuit

Defendant's child pornography possession conviction is affirmed where: 1) because defendant lacked a reasonable expectation of privacy in the shared files at issue, an officer's use of a keyword search to locate those files did not violate the Fourth Amendment; 2) the officer had probable cause to download the files at issue because their filenames suggested that they contained child pornography; and 3) given the strength of the government's case, the benefit that defendant obtained by pleading guilty, and his focus on negotiating a lesser prison term, defendant did not demonstrate that the district court's Fed. R. Crim. P. 11 error affected his substantial rights.

Appellate Information

• Argued 11/04/2009
• Decided 02/17/2010
• Published 02/17/2010

Judges

• Before BETTY B. FLETCHER, WILLIAM C. CANBY, JR., and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael K. Powell, Assistant Federal Public Defender, Reno, NV, for defendant/appellant Charles A. Borowy., Elizabeth A. Olson, Assistant United States Attorney, Reno, NV, for plaintiff-appellee United States of America.